THE FUNCTIONAL PURPOSE OF ARMA IN CRIMINAL PROCEEDINGS AND DURING INTERNATIONAL COOPERATION

Abstract

The article examines the functional role of the Asset Recovery and Management Agency of Ukraine (ARMA) in criminal proceedings and in the framework of international cooperation.The paper outlines the historical and legal prerequisites for the establishment of ARMA, which include Ukraine’s commitments under EU visa liberalization requirements, OECD recommendations, and the need to create transparent and effective mechanisms for managing seized assets.The study identifies three key areas of ARMA’s activities: tracing and identification of assets at the request of law enforcement authorities; management of seized assets aimed at preserving or increasing their economic value; and participation in shaping state policy and developing the legal framework in this field.Special attention is paid to the Agency’s analytical potential, which relies on access to more than fifty governmental and banking databases as well as international information networks.The article describes in detail the procedures of interaction between ARMA and pre-trial investigation bodies, prosecutors, and courts, the deadlines for responding to official requests, and the possibility of using ARMA’s analytical reports as part of the evidentiary base. The international dimension of ARMA’s work is explored through the conclusion of inter-agency agreements with foreign asset recovery offices, which strengthen Ukraine’s institutional capacity to repatriate illicit assets. The article also analyzes recent legislative initiatives proposing to designate ARMA as a central authority for international legal assistance. However, it is argued that such a step may lead to legal inconsistencies, particularly regarding the admissibility of evidence obtained through improper channels. The author concludes that ARMA’s current status as an auxiliary mechanism within criminal proceedings is appropriate, and that future reforms should focus on enhancing cooperation tools with Ukrainian law enforcement bodies and international partners rather than expanding its procedural authority.